EEOC SUES ARIZONA DINER FOR NATIONAL ORIGIN BIAS AGAINST NAVAJOS AND OTHER NATIVE AMERICANS

First-Ever English-Only Lawsuit by Commission on Behalf of Native Americans

PHOENIX - The U.S. Equal Employment Opportunity Commission
(EEOC) announced that it filed a national origin discrimination
lawsuit under Title VII of the Civil Rights Act of 1964 on behalf
of Native American employees who were subjected to an unlawful
English-only policy precluding them from speaking Navajo in the
workplace and terminating them for refusing to sign an agreement to
abide by the restrictive language policy. The lawsuit, the
first-ever English-only suit by the Commission on behalf of Native
Americans, was filed by the EEOC's Phoenix District Office against
RD's Drive-In, a diner located in Page, Arizona - a community
adjacent to the Navajo reservation.

Reiterating a message she delivered last June to the
25th Anniversary Conference of the Council for Tribal
Employment Rights - whose members represent the employment interest
of Indian tribes on reservations in several states - EEOC Chair
Cari M. Dominguez said: "The Commission is committed to advancing
job opportunities and protecting the employment rights of Native
Americans."

The suit, EEOC v RD's Drive In, CIV 02 1911 PHX LOA,
states that in approximately June 2000, RD's posted a policy
stating: "The owner of this business can speak and understand
only English. While the owner is paying you as an employee, you are
required to use English at all times. The only exception is when
the customer can not understand English. If you feel unable to
comply with this requirement, you may find another job."

This policy, in an early form, prohibited employees from
speaking "Navajo" in the workplace. Two employees, Roxanne Cahoon
and Freda Douglas, refused to agree to the policy because they
believed it to be discriminatory. As a result, they were asked to
leave their employment by RD's. In addition, at least two other
employees resigned prior to being terminated because they could not
agree to the policy. The vast majority of the employees working at
the time spoke Navajo.

Charles Burtner, Director of the EEOC's Phoenix District Office,
said: "We investigated this case. We found that the policy at
issue, by its own terms, extended to breaks and appeared to be
directed primarily to the use of the Navajo language. We found that
this policy and its implementation is a form of national origin
discrimination, which violates Title VII. Further, the employer's
decision to terminate employees who questioned the policy is
particularly troubling. Again, we found these terminations to be a
form of retaliation, which is illegal."

Mary O'Neill, Acting Regional Attorney of the Phoenix District
Office, said: "This case represents a rare lawsuit by the EEOC
challenging workplace language restrictions directed at native
languages. It is amazing that, in a country that cherishes
diversity, an employer will prohibit the use of indigenous
languages in the workplace and terminate Native American employees
who question whether that is lawful. In fact, in 1990, Congress
enacted a statute specifically designed to protect and preserve
Native languages."

The lawsuit seeks monetary relief, including back pay with
prejudgment interest and compensatory and punitive damages. The
Commission is also seeking an injunction prohibiting future
discrimination and any other curative relief to prevent the company
from engaging in any further discriminatory practices. The EEOC
filed suit only after investigating the case, finding that
discrimination took place, and exhausting its conciliation efforts
to reach a voluntary settlement.

In addition to enforcing Title VII of the Civil Rights Act of
1964, which prohibits employment discrimination based on sex, race,
color, religion, or national origin, the Commission enforces Title
I of the Americans with Disabilities Act, which prohibits
discrimination against people with disabilities in the private
sector; the Age Discrimination in Employment Act of 1967; the Equal
Pay Act of 1963; the Civil Rights Act of 1991; and the provisions
of the Rehabilitation Act of 1973 which prohibit discrimination
affecting people with disabilities in the federal sector. Further
information about the Commission is available on the Agency's web
site at www.eeoc.gov.